Civil Procedure · MBE-tested
Pamela E. Greiner, Individually and as Mother and Natural Guardian of Katie A. Pann, an Infant, Respondent, v. Donald M. Beck et al., Appellants
284 A.D.2d 966726 N.Y.S.2d 317·New York Supreme Court, Appellate Division·2001·NY
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Opinion
Pamela E. Greiner, Individually and as Mother and Natural Guardian of Katie A. Pann, an Infant, Respondent, v Donald M. Beck et al., Appellants.
[726 NYS2d 317]
[MAJORITY]
—Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Plaintiff commenced this action seeking damages for injuries sustained by her seven-year-old daughter when she was attacked by a dog owned by defendants. Supreme Court erred in denying defendants’ motion for summary judgment dismissing the complaint. Defendants established their entitlement to judgment as a matter of law by submitting proof that they lacked any knowledge of the dog’s alleged vicious propensities, and plaintiff failed to raise a triable question of fact on that issue (see, Plennert v Abel, 269 AD2d 796; Perry v Mikolajczyk, 259 AD2d 987). (Appeal from Order of Supreme Court, Erie County, Cos-grove, J. — Summary Judgment.) Present — Pigott, Jr., P. J., Pine, Wisner, Kehoe and Burns, JJ.